White Firefighters Are Awarded $2.7 Million in Bias Case

Dan Herbeck, Buffalo News, February 9, 2012

Twelve white Buffalo firefighters will get an average of $230,430 each in back pay, pension benefits and damages—a total of almost $2.77 million—for emotional distress because the City of Buffalo illegally passed them over for promotions, a state judge has ruled.

The 12 men sued the city in 2007, contending that the city illegally allowed two promotional lists to expire because minority firefighters had fared poorly on civil service exams.

The case was affected by a 2009 U.S. Supreme Court decision that said city officials cannot void the results of civil service exams simply because they are afraid of being sued.

The ruling on damages came 15 months after State Supreme Court Justice John A. Michalek ruled that the city illegally failed to promote based on its 2005 and 2006 tests for racial reasons.

A trial on damages was held late last year, and Michalek ruled Tuesday on the compensation for the 12 firefighters who lost promotions.

“This never should have happened. These are solid, hardworking firefighters. The city should have given them the promotions they earned and not put them through five years of litigation,” said attorney Andrew P. Fleming, who represented the firefighters with co-counsel Christen Archer Pierrot.

The administrations of Mayor Byron W. Brown and his predecessor, Anthony M. Masiello, are both to blame for what happened, Fleming said.

“The original decision not to promote these men was made at the tail end of the Masiello administration, and it carried on into the Brown administration,” Fleming said. “Mayor Brown had the opportunity to make it right but chose to continue on with this unnecessary litigation.”


[The plaintiff’s attorney Andrew] Fleming said trial testimony also showed that the situation caused morale problems in a large segment of the Fire Department.

[Firefighter Joseph] Fahey said the case pointed to “the true nature of reverse discrimination: When it happens to blacks, everybody is correctly upset about it, but when it happens to whites, nobody cares.”


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  • Sonie the Phony recently appeared on Sesame Street.

    I kid thee not.

    I guess the “wise Latina” had to impart her wisdom to a hand doll that lives in and eats from a trash can.


    • Rocky Mountain

      Romney and Bush appeared on Letterman.  I’m not sure which is worse.

  • Sonia Sotomayor is a card carrying la raza racist and has no business anywhere near the Supreme Court. This woman despises our Constitution because there were no “wise latinas” around at its inception to provide their profound wisdom.

  • Anonymous

    I don’t think racial grievance should pay for Whites either.

    • Rocky Mountain

      If I understand you correctly I agree.  I believe the firefighters didn’t lose thier regular jobs they just weren’t promoted (I admit I didn’t read the entire article) so they are receiving compensation for the difference between the regular salary and that for which they were passed over.  A more appropriate award might’ve been just to proceed with the promotions – again, assuming they hadn’t actually lost their jobs.

  • Anonymous

    “Twelve white Buffalo firefighters will get an average of $230,430 each in back pay …”  No, they wont. The lawyers will get about half of that, making their 5 years of unemployment work out to roughly $115,000. The after legal fees amount is roughly $23,083 per year that they have been underemployed due to institutional discrimination.

    Its nice to see a few items in the win column for whites that press discrimination cases against so called affirmative action, and racial quotas; even if the dollar amounts are small.


    • Rocky Mountain

      Reverse discrimination is not a good practice and I don’t support it but we have to honestly face the fact that qualified black people have been discriminated against at various times in the past.

      • Anonymous

        “Reverse discrimination” implies that this thing is the exclusive province of the White man, when in reality if the Bantu had dreamt a sail and learned celestial navigation first he would have done the same thing.  It’s in the nature of all humans to do this, not just Europeans.

        And don’t try and tell me that the Hutus learned how to butcher the Tutsis from the White man, same for some of the American Native tribes that exterminated whole nations before a White man ever set foot on these shores, which is the main reason why they weren’t able to band together and offer any resistance to Europeans.

  • Rocky Mountain

    It’s ok to be upset about the “reverse discrimination” but let’s all be honest and recognize that there have been many qualified black people who have been passed over and there have been blatantly racist white people carrying out these actions.

    • Anonymous

       not that many in my opinion…the average IQ of an african american is 85 so how can they be better qualified when their thought processes and reasoning skills are not as good. what it comes down to  are how decisions are made while fighting fires…one firefighter can make fast and accurate decision while the other is still grappling with the variables of the situation….meanwhile the building is burning and lives are at stake.

    • Please, not this morning.  It’s too nice and sunny outside for me to concern myself with the 1920s.

  • Rocky Mountain

    Rather than make up silly names can’t you at least make an effort to contribute in a serious manner.  I don’t agree with the lefties or La Raza but commentors just firing off names makes us look exactly what they call us.

  • Anonymous

    I wonder if the NAACP or Al Sharpton plans to hold a candlelight vigil to protest?

    I have been calling for affirmative action in the NBA for YEARS now but the idea is not catching on for some reason.   When a white NBA (or college) player makes a basket, it really should count for about 9 points….just to even the playing field so to speak.  

    To suggest that black players are natually better than the white is the very definition of racism.  White guys deserve those 10 million yearly contracts just as  much as the black ones.   

  • Indeed…if they were black or hispanic, they would never have to worry about “working” again…

  • Anonymous

    It’s just my opinion that we should rise above this sort of thing.

  • There once was a judge named Sonie
    Who showed to be a big phony.
    The RIAA says “help”
    She gives them thy scalp.
    For MPAA to say you can’t watch the flick
    She gets a big kick.
    Why’s there no Napster?
    All I say thee is “Ask her.”

    My first, last and only attempt at original poetry.

  • Anonymous

    Mayor Brown is a black man.   It seems when the blacks are in charge it’s usually OK to discriminate against white employees…  I read recently that on the Chicago police dept.  white homocide detectives were demoted and put in patrol despite the fact they were excellent at their jobs. 
    The black supervisors did this because they wanted to put blacks in the homocide division.          KUDOS to the 12 white firefighters!

  • Bon, From the Land of Babble

    That is it? $230,430 EACH?  If these were blacks suing they would get at least a couple of MILLION each, but since they are only Whites, they get little.

    Yeah, not like they ate a couple bites of DOG FOOD or anything like that!!  THAT deserves a settlement of millions of dollars because unknowingly eating two bites of DOG FOOD as a “victim” of a prank is a sure sign of vile, institutional, entrenched racial discrimination!! 

    (well, the City Attorney, Mayor and City Council of Los Angeles thought so)

    Pierce is a black ex-Los Angeles fireman whose fellow firemen mixed dog food into a plate of spaghetti.  He ate two bites before realizing he was being “pranked” — to which he screamed “racial discrimination!” 

    In September 2007, the City of Los Angeles agreed to pay Pierce $1.49 million to avoid going to trial.


  • Anonymous

    Yes, when Sotomayor was a court of appeals judge she ruled against the white firefighters in New Haven, CT who were denied promotions because there weren’t enough intelligent blacks and hispanics to pass the test.

  • Anonymous

    This is from the Queens Chronicle, Northeast Queens Edition, Thursday, January 26, 2012…”The city wants federal Judge Nicolas Garaufis, removed from the case in which he determined that officials have purposely tried to keep minorities from joining the FDNY.  The administration claims the judge has lost his impartiality and overstepped his bounds by making hiring decisions that should be made by city officials…”  The article is written AnnMarie Costella.  If it’s online, I think everyone would enjoy reading it.

  • Anon

    So true!  Thank you for noticing it also!

    I have been so tired of  hearing this “logic” over the years and it is ONLY Whites who say that nonsense.

     Especially these talk show hosts….”we are better than that”….”don’t lower ourselves to their level”…”two wrongs don’t make a right”….and on and on it goes. Yes, we most certainly do see how far that “logic” has gotten us.